|
| |
|
(4) | Any act or omission of, or in relation to, the First Minister or any of the Cornish |
| |
Ministers appointed under section 25 is to be treated as an act or omission of, |
| |
or in relation to, each of them. |
| |
(5) | But subsection (4) does not apply in relation to the exercise of functions |
| |
conferred or imposed on the First Minister alone. |
| 5 |
30 | Transfer of Ministerial functions |
| |
(1) | Her Majesty may by Order in Council— |
| |
(a) | provide for the transfer to the Cornish Ministers or the First Minister |
| |
of any function so far as exercisable by a Minister of the Crown in |
| |
| 10 |
(b) | direct that any function so far as so exercisable is to be exercisable by |
| |
the Cornish Ministers or the First Minister concurrently with the |
| |
Minister of the Crown, or |
| |
(c) | direct that any function so far as exercisable by a Minister of the Crown |
| |
in relation to Cornwall is to be exercisable by the Minister of the Crown |
| 15 |
only with the agreement of, or after consultation with, the Cornish |
| |
Ministers or the First Minister. |
| |
(2) | An Order in Council under this section may, in particular, provide for any |
| |
function exercisable by the Cornish Ministers or the First Minister by virtue of |
| |
an Order in Council under subsection (1)(a) or (b) to be exercisable either |
| 20 |
generally or in such circumstances as may be specified in the Order in Council, |
| |
concurrently with any other of the Cornish Ministers or the First Minister. |
| |
(3) | An Order in Council under this section may make such modifications of— |
| |
(a) | any enactment (including any enactment comprised in or made under |
| |
this Act) or prerogative instrument, or |
| 25 |
(b) | any other instrument or document, |
| |
| as Her Majesty considers appropriate in connection with the provision made |
| |
| |
(4) | No recommendation is to be made to Her Majesty in Council to make an Order |
| |
in Council under this section unless a draft of the statutory instrument |
| 30 |
containing the Order in Council— |
| |
(a) | has been laid before, and approved by a resolution of, each House of |
| |
| |
(b) | has been approved by the Cornish Ministers. |
| |
31 | Promotion etc of well-being |
| 35 |
(1) | The Cornish Ministers may do anything which they consider appropriate to |
| |
achieve the promotion or improvement of the economic, social and |
| |
environmental well-being of Cornwall. |
| |
(2) | The power under subsection (1) may be exercised in relation to or for the |
| |
| 40 |
(a) | the whole or any part of Cornwall, or |
| |
(b) | all or any persons resident or present in Cornwall. |
| |
(3) | The power under subsection (1) includes power— |
| |
(a) | to enter into arrangements or agreements with any person, |
| |
|
| |
|
| |
|
(b) | to co-operate with, or facilitate or co-ordinate the activities of, any |
| |
| |
(c) | to exercise on behalf of any person any functions of that person, and |
| |
(d) | to provide staff, goods, services or accommodation to any person. |
| |
32 | Support of Cornish language |
| 5 |
(1) | In relation to the support of the Cornish language, Cornish Ministers must— |
| |
(a) | adopt a scheme setting out how they propose to promote and facilitate |
| |
the use of the Cornish language, and |
| |
(b) | so far it is reasonably practicable, adhere to the principle that in the |
| |
conduct of public business in Cornwall the English and Cornish |
| 10 |
languages should be treated on a basis of equality. |
| |
33 | Representations about matters affecting Cornwall |
| |
The Cornish Ministers and the First Minister may make appropriate |
| |
representations about any matter affecting Cornwall. |
| |
| 15 |
34 | Agency arrangements and provision of services |
| |
(1) | Arrangements may be made between the Cornish Ministers and any relevant |
| |
| |
(a) | any functions of one of them to be exercised by the other, |
| |
(b) | any functions of the Cornish Ministers to be exercised by members of |
| 20 |
staff of the relevant authority, |
| |
(c) | any functions of the relevant authority to be exercised by members of |
| |
the staff of the Cornish Assembly Government, and |
| |
(d) | the provision of administrative, professional or technical services by |
| |
one of them for the other. |
| 25 |
(2) | Any arrangements under paragraphs (a), (b) or (c) of subsection (1) for the |
| |
exercise of functions of the Cornish Ministers do not affect the responsibility of |
| |
the Cornish Ministers; and such arrangements for the exercise of any functions |
| |
of a relevant authority do not affect the responsibility of the relevant authority. |
| |
(3) | The references in subsections (1) and (2) to functions do not include functions |
| 30 |
of making, confirming or approving subordinate legislation contained in a |
| |
| |
(4) | In this section and section 35 “relevant authority” means any Minister of the |
| |
Crown or government department, any public authority (including any local |
| |
authority) in England and Cornwall or the holder of any public office in |
| 35 |
| |
|
| |
|
| |
|
| |
| |
| |
| |
(1) | On the coming into force of this Act there shall be transferred to the Cornish |
| 5 |
Assembly all the functions of Cornwall Council. |
| |
(2) | Arrangements for the transfer of powers shall be made with consultation |
| |
| |
| |
(b) | any relevant authority. |
| 10 |
(3) | Subject to the provisions of this Part, an Act of the Assembly may make any |
| |
provision that could be made by an Act of Parliament. |
| |
(4) | A provision of an Act of the Assembly is within the Assembly’s legislative |
| |
competence if it relates to one or more of the subjects listed in Schedule 2. |
| |
36 | Acts of the Cornish Assembly |
| 15 |
(1) | The Assembly may make laws, to be known as Acts of the Cornish Assembly. |
| |
(2) | Proposed Acts of the Cornish Assembly shall be known as Bills; and a Bill shall |
| |
become an Act of the Cornish Assembly when it has been passed by the |
| |
Assembly and has received Royal Assent. |
| |
(3) | The validity of an Act of the Cornish Assembly is not affected by any invalidity |
| 20 |
in the Assembly proceedings leading to its enactment. |
| |
(4) | This section does not affect the power of the Parliament of the United Kingdom |
| |
to make laws affecting or relating to Cornwall. |
| |
37 | Scrutiny of Bills before introduction |
| |
(1) | The Presiding Officer shall, on or before the introduction of a Bill in the |
| 25 |
Assembly, decide whether or not in his view the provisions of the Bill would |
| |
be within the legislative competence of the Assembly and state his decision. |
| |
(2) | The form of any statement, and the manner in which it is to be made, shall be |
| |
determined under standing orders, and standing orders may provide for any |
| |
statement to be published. |
| 30 |
| |
| |
| |
38 | Cornish Consolidated Fund |
| |
(1) | There is to be a Cornish Consolidated Fund. |
| 35 |
|
| |
|
| |
|
(2) | The Secretary of State shall from time to time make payments into the Fund out of |
| |
money provided by Parliament of such amounts as the Secretary of State may |
| |
| |
(3) | The Assembly must ensure that information concerning the Cornish |
| |
Consolidated Fund is published for each financial year (and may, in particular, |
| 5 |
do so by requiring it to be published by the Assembly Commission). |
| |
| |
| |
39 | Regulations and transitional provisions etc |
| |
(1) | Regulations may make such provision as the Secretary of State considers |
| 10 |
necessary or expedient for transitory or transitional purposes in connection |
| |
with the coming into force of any provision of this Act. |
| |
(2) | Regulations and orders made under this Act shall be made by statutory |
| |
| |
(3) | No statutory instrument under this Act shall be made unless a draft has been |
| 15 |
laid before and approved by a resolution of each House of Parliament. |
| |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
| |
| 20 |
(b) | any increase attributable to this Act in the sums payable under any other Act |
| |
out of money so provided. |
| |
41 | Short title and commencement |
| |
(1) | This Act may be cited as the Government of Cornwall Act 2009. |
| |
(2) | This Act comes into force 12 months after the date on which it is passed. |
| 25 |
|
| |
|